7216. Hong Kong
MINUTE PAPER.
Marland
1629/6
7206
170
The Law Officers advise that no further proceedings be taken in the case which was the subject of information for a libel lodged by Mr. Macalister at the instance of Mr. Kay, on which the Court gave judgment for the defendant on the ground (amongst others) that an Acting Attorney General could not exercise the powers of the absent Attorney General in filing such information.
Under these circumstances I forwarded a copy of this Minute to the Governor and informed the P.O. that Balfour did not intend to stay the proceedings. Any further letter is confidential, & therefore if sent to his Excellency should be transmitted in a Confidential Despatch.
It is proposed that a further Despatch should be sent in answer 15857. It is stated therein that it is not desirable under all the circumstances to advise that the prosecution should be proceeded with as circumstances have occurred which render it very doubtful whether the proceedings will be successful.
Lord Lansdowne
Lansdowne a Luxembourg
Desiring further, and that the Government have been so informed - desiring a postponement to be entered upon the pending informations.
I propose to omit the word "the great question of Procedure
*
inasmuch as Acting opposed to...
And
1
7216. Hong Hung
MINUTE PAPER.
MArlland
1629/6
7206
170
The Laws ffien advice that no further procedings
Le taken in
the case
the faint which was the
Exoffices information for a liked on the by for- d Macas tried at + Kay, the which the CT K jane judgment for the defendant
M
the ground (amcorpt
that an acting Alloing fineral could not sxcrame
When I that an
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the powen I the absent attorney feneral in pling such information.
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Under there circumstance to flareuden har lige. note this (Mumay informed the Port. fort that Balfor to ut intend" trang the pureedings Any putter
The 7.0
letter in confidential, & therefor if sent to his RM. shared in transmitted in a Confidt Despatch.
That a fullin Despatch aboned to sent in answer 15857. Ith stating there it all fort have been
it is not desirable funder all the advised that the prospections of procedure much as circunert aves off her Carable beans,
Suns Lender
Lender a luxadorable
Desin a hotte
Where forceding further, and that the fovernment have been so informed - desin a puloseque tote entered upon the peliding informations.
I preopen to omit the word "the gran question 1 Mocedure
*
inasmuch as Ucting opposer to
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