CO129-137 - Sir MacDonnell - 1869 [4-5] — Page 96

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

Other than that the Governor, agreeably to power given him in the despatch of 1 February 1868, has laid down a rule that Art: 134 of the Colonial Regulations shall not be held to apply to the Colonial Officers of Hong Kong.

The cases to which the Governor refers cannot therefore be cited as precedents with respect to his present application.

Lord Granville cannot admit the construction which he sought to put upon Sec: 34 of the Ordinance No 7 of 1862, which appears to his Lordship to have been correctly interpreted by Mr. Pauncefote in his letter of the 18th of March last. (There is a note according to Mr. Holland's Minute of 25.5.65.)

Lord Granville is glad to gather from the despatch (Para: 7) that Mr. Pauncefote's resignation of the Office of Acting Judge of the Summary Court has been withdrawn and that Mr. Smale appears to have been convinced, on reconsideration, that he had taken a wrong view of the Ordinance in question.

If he will, nevertheless, be prepared to consider any proposal which the Governor of Hong Kong may wish to submit to him, either to make the meaning of the Ordinance clearer, or, if necessary, to reconstitute the Courts of the Colony.

In the meantime, it would appear that the Governor was prepared to grant leave of absence to Mr. Smale for 5 months on 1/2 salary, to enable him to proceed to England on the score of ill health, and for other reasons of a personal nature, Lord Granville will not object to his doing so if, in the absence of Mr. Ball, and of Mr. Goodlake, the necessary arrangements can be made.

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Other than that the Governor, agreeably to power given him in the despatch of 1 February 1868, has laid down a rule that Art: 134 of the Colonial Regulations shall not be held to apply to the Colonial Officers of Hong Kong. The cases to which the Governor refers cannot therefore be cited as precedents with respect to his present application. Lord Granville cannot admit the construction which he sought to put upon Sec: 34 of the Ordinance No 7 of 1862, which appears to his Lordship to have been correctly interpreted by Mr. Pauncefote in his letter of the 18th of March last. (There is a note according to Mr. Holland's Minute of 25.5.65.) Lord Granville is glad to gather from the despatch (Para: 7) that Mr. Pauncefote's resignation of the Office of Acting Judge of the Summary Court has been withdrawn and that Mr. Smale appears to have been convinced, on reconsideration, that he had taken a wrong view of the Ordinance in question. If he will, nevertheless, be prepared to consider any proposal which the Governor of Hong Kong may wish to submit to him, either to make the meaning of the Ordinance clearer, or, if necessary, to reconstitute the Courts of the Colony. In the meantime, it would appear that the Governor was prepared to grant leave of absence to Mr. Smale for 5 months on 1/2 salary, to enable him to proceed to England on the score of ill health, and for other reasons of a personal nature, Lord Granville will not object to his doing so if, in the absence of Mr. Ball, and of Mr. Goodlake, the necessary arrangements can be made.
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Othe that the Governor, agreeably paver given him in the despatab of 1 Filmary 1868, has laid down a rule that Art: 134 of the Colonial Regulations shall not be held to Apply to the Colonial Officers of dương trong The cases towhich to Soralo refers cannot therefore be cited as precedents with respect to his present application. No Can Las Granville admit the construction which ho. Imate at fint sought to put upon Sec: 34 of thre Ordinance at 7 of 1862, which appears to Isis Lordship to have been correctly interpreted by MW. Pauncefote in his the 18th of March last. (There write acording to M. Holland's Minute of 25.5.65.) letter of Lad Granville isglad to gather from the despatch (Par: 7) that Mr. Pawneefole's resignation of the Office of Acting fudge of the 94 Summary Court has been withdraw and that Mr. Smale appears thats been convinced, on reconsideration that he had taken a wring the Ordinance in question. view f hit he will, nevertheless, be prepared to consider any proposal which the boot of Hing Kong may wish to submit to him, either to make the meaning of the Ordinance clearer, or, if necessary, to reamstitute the Courts the Colmy.. of ao it In the meantime. world appear that the Governa was prepared to grant leave of absence to MW. Imale for 5 months on 1/2 salary, to treable him to proced toluglans, on the Score of ill health, and for other reasons of a personal nature, Lad Granulle will not. to his doing -ohjeet booon so if in the woven absence IW. Ball, and of In Poodlake, the hecessay arrangements can be
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Othe

that the Governor, agreeably paver given him in the despatab of 1 Filmary 1868, has laid down a rule that Art: 134 of the Colonial Regulations shall not be held to Apply to the Colonial Officers of dương trong

The cases towhich to Soralo refers cannot therefore be cited as precedents with respect to his present application.

No Can Las Granville admit

the construction which ho. Imate at fint

sought to put upon Sec: 34 of thre Ordinance at 7 of 1862, which appears to Isis Lordship to have been correctly interpreted by MW. Pauncefote in his

the 18th of March last. (There write acording to M. Holland's Minute of 25.5.65.)

letter

of

Lad Granville isglad to gather from the despatch (Par: 7) that Mr. Pawneefole's resignation of the Office of Acting fudge of

the

94

Summary Court has been withdraw and that Mr. Smale appears thats been convinced, on reconsideration that he had taken a wring

the Ordinance in question.

view

f hit he will, nevertheless, be prepared to consider any proposal which the boot of Hing Kong may wish to submit to him, either to make the meaning of the Ordinance clearer, or, if necessary, to reamstitute the Courts

the Colmy..

of

ao it

In the meantime. world appear that the Governa was prepared to grant leave of absence to MW. Imale for 5 months on 1/2 salary, to treable him to proced toluglans,

on the Score of ill

health,

and for other reasons of a personal nature, Lad Granulle will not.

to his

doing

-ohjeet

booon

so if in the woven

absence

IW. Ball, and of In Poodlake, the hecessay arrangements can be

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