CO129-163 - Sir Kennedy - 1873 [4-6] — Page 368

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

subject to restrictions, the French Ambassador has been told that the application of the Mesageries Maritimes company for exemption from restrictions was in the Governor's opinion founded on a misunderstanding, and the hope has been expressed that the Company will not suffer much practical inconvenience from existing restrictions, and will not press for any alteration of the laws in their favour (4505)

Me Holland. 15/9

will you dispose of this legal point, which we must commit to the Law Officers.

No Herbert

I do not think it is necessary that the Law Officers should be instructed to report upon their opinion as to the construction of the Ordinance 1871, as the doubt can be cleared up by legislation, and the Company informed of the doubt and desired to remove it by legislation.

My own impression is that effect must be given to the special proviso at the end of Clause 3, that which clears out for a voyage of more than Seven Days within the meaning of the Immigration Act of Hong Kong 1856 not within Ordinance 8 of 1878; in other words, that the Ordinance of 1878 does not apply to Ships which, when the passing of that Ordinance, were not affected by existing Ordinances, or the special Act...

This is in accordance with the view of Attorney General who drafted the Ordinance and reported upon it (the 11390) - 1071

Taking then the whole Ordinance together it should, I am disposed to think, be read as if the proviso were inserted at the end of sect. 4. and accepted as such.

354 E

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subject to restrictions, the French Ambassador has been told that the application of the Mesageries Maritimes company for exemption from restrictions was in the Governor's opinion founded on a misunderstanding, and the hope has been expressed that the Company will not suffer much practical inconvenience from existing restrictions, and will not press for any alteration of the laws in their favour (4505) Me Holland. 15/9 will you dispose of this legal point, which we must commit to the Law Officers. No Herbert I do not think it is necessary that the Law Officers should be instructed to report upon their opinion as to the construction of the Ordinance 1871, as the doubt can be cleared up by legislation, and the Company informed of the doubt and desired to remove it by legislation. My own impression is that effect must be given to the special proviso at the end of Clause 3, that which clears out for a voyage of more than Seven Days within the meaning of the Immigration Act of Hong Kong 1856 not within Ordinance 8 of 1878; in other words, that the Ordinance of 1878 does not apply to Ships which, when the passing of that Ordinance, were not affected by existing Ordinances, or the special Act... This is in accordance with the view of Attorney General who drafted the Ordinance and reported upon it (the 11390) - 1071 Taking then the whole Ordinance together it should, I am disposed to think, be read as if the proviso were inserted at the end of sect. 4. and accepted as such. 354 E
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subject to restrictions, the French Ambasador har been told that the appli= cation of the Mesageries Maritimes comping fo: cacemption from restrictions was in the Governon. opinion founded on a Unsunderstanding, and the hope has been expressed that the Company they ao will not suffer much practical inconvenience from existing nextrections, will not prep. for any alteration of the lawa their favour (4505) Me Holland. 15/9 will you dispose of this legal point, o de Jane thich we must commett the Law Officers. 2 Hi hay & G No Herbert I do not think it is necessay the Leaw Officen fu bramet their norm that wheation D au to the construction of the Ordinaver magh can 1871, the doubt can taught the cleand up I thriance, and the foreruer informed of the doult & desired to remove it 5 Legislation. Own wet van ѝ persion is that effect must h frine to the special proviso at thee and of Chemiese Passenger This section 3, that which clears out for a voye thane Seven Days wither the meaning of ther Impunit Aat Lof erriane Ng / 1856 not within Ordinance & of 1878; in other words. that the Ordinance of logs dous not affly Ships which where the passing of that ordinan wen not affected by existing Adriances, or the hespecial tit.. the This is in accordance with the creed of Alterung feneral who drafted the Adriances of + reported upon it (the 11390) - 1071 Taking then the whole Adinance tyether it shand, I am disposed to thick. be read on if the proviso wen wisecked at the lied the of rect. 4. and lycopted fine поучи 354 E
2026-05-21 03:10:01 · Baseline
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subject to restrictions, the French Ambasador har been told that the appli= cation of the Mesageries Maritimes comping fo: cacemption from restrictions was in the Governon. opinion founded on a Unsunderstanding, and the hope has been expressed that the Company

they

ao

will not suffer much practical inconvenience from existing nextrections, will not prep. for any alteration of the lawa their favour (4505)

Me Holland.

15/9

will you dispose of this legal point,

o de Jane

thich we must commett the

Law Officers.

2

Hi hay &

G

No Herbert

I do not think it is necessay the Leaw

Officen fu

bramet

their norm

that wheation

D

au

to the construction of the Ordinaver

magh

can

1871, the doubt can taught the cleand up I thriance, and the foreruer informed of the doult & desired to remove it 5 Legislation.

Own

wet van

ѝ

persion is that effect must h frine to the special proviso at thee and of Chemiese Passenger This section 3, that which clears out for a voye thane Seven Days wither the meaning of ther Impunit Aat Lof erriane Ng / 1856 not within Ordinance & of 1878; in other words. that the Ordinance of logs dous not affly Ships which where the passing of that ordinan wen not affected by existing Adriances, or the hespecial tit..

the

This is in accordance with the creed of Alterung feneral who drafted the Adriances of + reported upon it (the 11390) -

1071

Taking then the whole Adinance tyether it shand, I am disposed to thick. be read on if the proviso wen wisecked at the lied

the of rect. 4. and lycopted fine поучи

354

E

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