CO129-139 - Sir MacDonnell - 1869 [8-12] — Page 454

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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447

the Law Officers, because for the present at least it blocks the way not merely as a judgment unreversed but against which it was decided on deliberation not to appeal.

5. Of course I do not hesitate "ex necessitate rei" to set at naught Mr. Smale's decision that Acting Officers have not the privileges of permanent Office holders. One sixth of the Civil Officers of this Colony are expected by the Regulations to be absent on leave and their duties to be discharged "ad interim" by temporary holders of their appointments. It would therefore clearly be impossible to carry on the administration of this Government, if the Chief Justice's opinion on that subject was to command the least weight or respect. It would also have been impossible, except by interrupting the work of the Courts, to have obtained the leave of absence, which he was enjoying.

I was no applicant, because according to his theory an Acting Chief Justice could exercise the same powers as himself. I see no effective remedy for existing difficulties or for the equally disagreeable embarrassments likely to arise hereafter, when Mr. Smale resumes his position here, because it is improbable that an officer of his views would alter his consideration short of a solemn reversal of his decisions by the

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447 the Law Officers, because for the present at least it blocks the way not merely as a judgment unreversed but against which it was decided on deliberation not to appeal. 5. Of course I do not hesitate "ex necessitate rei" to set at naught Mr. Smale's decision that Acting Officers have not the privileges of permanent Office holders. One sixth of the Civil Officers of this Colony are expected by the Regulations to be absent on leave and their duties to be discharged "ad interim" by temporary holders of their appointments. It would therefore clearly be impossible to carry on the administration of this Government, if the Chief Justice's opinion on that subject was to command the least weight or respect. It would also have been impossible, except by interrupting the work of the Courts, to have obtained the leave of absence, which he was enjoying. I was no applicant, because according to his theory an Acting Chief Justice could exercise the same powers as himself. I see no effective remedy for existing difficulties or for the equally disagreeable embarrassments likely to arise hereafter, when Mr. Smale resumes his position here, because it is improbable that an officer of his views would alter his consideration short of a solemn reversal of his decisions by the
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1 447 the Law Officers, because for the Spresent at least it blocks the way not merely as a judgment unreversed but against which it one was decided on deliberation not to appeal. 5. Of Course 1 do not hesitate "ex necesitate rei" to set at naught M= Imale's decision that Acting Officers have not the privileges of pemmmment Affice holders. One sixth of the bivil Officers of this balony are expected by the Regulations to be absent on leave discharged Jeclonial Regulations ! and their duties to be "ad interim by temporary holders of their appointments. It would therefore clearly be imposible to carry ow the administration this Government, if the bhief Justice's opinion on that subject was to command the least weight or respect. It would also have me bex imposible except by interrupting the work of the bourts, to have the leave of absence, which he enjoying. aw no for which he and for applicant, because acc same powers to f given himself is mou was so e earnest according to his theory Acting bhief Justice could exercise. the powers as himself. I se mat however see any effctive b. do not remedy for existing difficultico ar the equally disagreeable embarrafoments littely to arise hereafter, when M ̈Smale, resumes rition here, because it is improbable his position that an officer of his his views for any · years would alter consideration short of a salemn reversal of his decisions by the
2026-05-20 07:43:38 · Baseline
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447

the Law Officers, because for the Spresent at least it blocks the

way

not

merely as a judgment unreversed but

against which it

one

was decided on

deliberation not to appeal.

5. Of

Course

1

do not hesitate "ex

necesitate rei" to set at naught M= Imale's decision that Acting Officers have not the privileges of pemmmment Affice holders. One sixth of the bivil Officers of this balony are expected by the Regulations to be absent on leave

discharged

Jeclonial Regulations

! and their duties to be

"ad

interim by temporary holders of their appointments. It would therefore clearly

be imposible to carry

ow

the administration

this Government, if the bhief Justice's

opinion on that subject

was

to command

the least weight or respect. It would also

have

me

bex imposible except by interrupting the work of the bourts, to have

the leave of absence, which he

enjoying.

aw

no

for which he

and for

applicant, because acc

same powers

to f given himself

is

mou

was so e

earnest

according to his theory

Acting bhief Justice could exercise. the

powers as himself. I se mat however see any effctive

b. do not

remedy for existing difficultico

ar

the

equally disagreeable embarrafoments littely to arise hereafter, when M ̈Smale, resumes rition here, because it is improbable

his position

that an officer of his his views for any

· years

would alter

consideration short of a

salemn reversal of his decisions by the

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